OHIO — The State of Ohio filed its notice of appeal Wednesday to remove the injunction placed on Ohio's "heartbeat" abortion law, Attorney General Dave Yost announced in a press release.
On Oct. 7, Hamilton County Judge Christian Jenkins issued a permanent injunction on the law as a lawsuit brought on by the ACLU of Ohio proceeds. Previously, the judge had blocked it for 14 days, with the injunction set to expire Oct. 12.
The law signed by Republican Gov. Mike DeWine in April 2019 prohibits most abortions after the first detectable “fetal heartbeat.” Cardiac activity can be detected as early as six weeks into pregnancy, before many women know they’re pregnant. The law had been blocked through a legal challenge, briefly went into effect when the landmark 1973 Roe v. Wade decision was overturned, and then was again put on hold in court.
Yost wrote in the press release that the appeal was consulted with DeWine, and the notice was filed in Hamilton County Common Pleas Court.
When Jenkins placed the injunction on the law, he said it is “simply wrong” to argue that a “right does not exist because it is not specifically listed in the [U.S.] Constitution."
ACLU of Ohio filed the lawsuit in September on behalf of the state’s remaining abortion providers, finding their lawsuit was “substantially likely to prevail on the merits.” The action argues that the abortion ban violates protections in the state constitution guaranteeing individual liberty and equal protection. It also says the law is unconstitutionally vague.
As of now, pregnancy terminations through 20 weeks’ gestation may continue in Ohio.
The Associated Press contributed to this report.